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Based on the details provided, the refusal by SSNIT to pay the remaining 40% to the family of the deceased brother is likely due to provisions in the National Pensions Act (Act 766) regarding the distribution of lump sums to children, or the need for specific legal documentation for the brother's estate.

The Core Issue: The 60/40 Rule
Under Ghana's National Pensions Act, 2008 (Act 766), the nomination of a beneficiary is subject to specific rules if the deceased member (the teacher) had children. Section 81(7) of the Act often mandates a split of the survivor's lump sum benefit:

60% is allocated to the children of the deceased member (your uncle).

40% is allocated to the nominated beneficiaries (his brother).

This law exists to protect the biological children of the deceased, ensuring they are not disinherited even if someone else (like a brother) was nominated.​

Why SSNIT May Be Refusing Payment
There are two likely scenarios explaining why SSNIT is withholding the 40%:

Scenario 1: The Withheld Money Belongs to the Teacher's Children
If your uncle (the teacher) had children, the law requires SSNIT to reserve a portion (usually 60%, but sometimes percentages vary based on specific family situations) for them.

It is possible the 60% paid to the brother was actually the children's share (paid to him as a guardian or Head of Family), and the 40% withheld was the nominee's share.

Alternatively, and more likely based on your description, the brother received his share (perhaps he was paid 60% in error, or the split was different), and the remaining 40% is legally reserved for the teacher's wife and children. If this is the case, the brother's family has no legal claim to this money. It belongs strictly to the teacher's immediate family (spouse/children).

Scenario 2: The Money Belonged to the Brother, but Legal Authority is Missing
If the 40% was indeed the brother's rightful share that was simply delayed, SSNIT cannot pay it to his family just because they are related.

Since the brother has passed away, his share is now part of his Estate.

SSNIT legally cannot release a deceased person's funds without Letters of Administration (L.A.) granted by a court. This document formally appoints someone (an Administrator) to manage the brother's assets. Without this, SSNIT officials would be breaking the law by handing the money to you.​

Recommended Steps to Take
Verify the Beneficiary Allocation
Go to the SSNIT branch where the claim was processed. Ask specifically for the Distribution List or an explanation of the split. Ask them to confirm whose name is attached to the remaining 40%.

If they say it is for the "Children" or "Spouse" of the teacher, you must stop the process. That money belongs to them.

If they confirm it was for the "Nominee" (the brother), proceed to step 2.

Obtain Letters of Administration
If the money definitely belonged to the brother, you cannot claim it with just a death certificate. The family must apply to a court for Letters of Administration for the brother's estate. Once you have the L.A., take it to SSNIT to legally claim the funds on his behalf.​

Lodge a Complaint (If Necessary)
If you have the Letters of Administration and SSNIT still refuses without a valid legal reason, you can escalate the matter to the National Pensions Regulatory Authority (NPRA), which oversees SSNIT. You can file a complaint regarding the "non-payment of survivor's benefits."